How Negligence Leads to Fatal Underride Truck Accidents in Texas

 Posted on September 11, 2025 in Truck Accidents

Underride accidents happen when a smaller vehicle slides beneath the trailer of a large truck, often with fatal results. These crashes are especially deadly because the top of the smaller vehicle can be crushed on impact. In many cases, negligence plays a major role in causing these tragedies. If you lost a loved one in this type of accident, you can turn to an El Paso, TX underride truck accident lawyer to pursue justice and hold the responsible parties accountable.

Liability for a Side Underride Accident in Texas

Underride accidents most often occur when trucks stop suddenly, change lanes without signaling, or lack proper visibility equipment, such as reflective tape and guards. Poor weather, low lighting, and high speeds can make smaller vehicles slide beneath trailers. Mechanical failures or improper cargo loading also increase the risk of these deadly crashes.

When negligence is involved, several different parties may share responsibility for an underride accident:

• A truck driver may be negligent for speeding, making unsafe lane changes, or stopping suddenly without warning.

• A trucking company could be liable for failing to install side guards, neglecting fleet maintenance, or pressuring drivers to meet unsafe schedules.

• The trailer or truck manufacturer may be responsible if a defective design or faulty parts contributed to the underride.

• A maintenance provider could be at fault if improper inspections or repairs left the truck in an unsafe condition.

Filing a Wrongful Death Claim After a Fatal Underride Truck Accident in Texas

When a loved one is killed in an underride crash, families are often left struggling with both overwhelming grief and unanswered questions about their legal options. Texas law recognizes the devastating impact of these accidents and provides a way forward through wrongful death claims. Under Texas Civil Practice and Remedies Code §71.002, certain family members, specifically spouses, children, and parents, have the right to file a lawsuit when negligence leads to death.

Wrongful death lawsuits can help you address both the financial and emotional harm caused by a loss. You may be able to recover compensation for funeral and burial expenses, medical bills tied to the accident, and the income your loved one would have provided in the future. Just as importantly, Texas law allows you to seek damages for the emotional side of this tragedy, namely your grief, mental anguish, and the loss of your loved one’s companionship. These damages recognize that the impact of a wrongful death goes far beyond money and affects every part of your life.

In situations involving gross negligence, punitive damages may also be available. For example, if the truck driver was intoxicated when the accident occurred, the court often sees that as a blatant disregard for the safety of others. Under Texas Civil Practice and Remedies Code § 41.003, these damages are not only meant to compensate you. The purpose is to hold the at-fault party accountable and discourage similar reckless behavior. Because trucking companies and insurers move quickly to limit their liability, you will benefit from talking to an attorney as soon as possible.

Contact an El Paso County, TX Underride Truck Accident Attorney for a Free Consultation

At James Kennedy, P.L.L.C., our firm has the knowledge and resources needed to take on trucking companies and insurers who often try to minimize their responsibility. We are committed to helping families in El Paso County pursue accountability and financial recovery after these devastating crashes. Attorney James Kennedy is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, an achievement held by fewer than three percent of attorneys across the state. He can handle even the most complex wrongful death claims, protecting your family’s right to fair compensation..

To learn more, contact an El Paso, TX underride truck accident lawyer today at 915-544-5200 for a free consultation. Se habla Español.